One reason why the legal profession suffers reputational problems in Lesotho and lawyers are derisively put in the same league as snake oil or used car salesmen is because of lack of stringent entry requirements into the profession, coupled with a general lack of stringent supervision to rein in errant lawyers.
Until now, all that was needed for anyone to stand before magistrates or judges in court was a National University of Lesotho (NUL) law degree.
And until Lintle Tuke took over as president of the Law Society of Lesotho, this body tasked with overseeing the legal profession was largely comatose. Thankfully, Advocate Tuke’s LSL and the indefatigable and hardworking Chief Justice Sakoane Sakoane are putting in place over-due measures to transform the legal profession.
Their decision to ensure that all law graduates write Bar Practical Examinations before admission is spot on.
NUL graduate, Karabo Motoena’s argument that the new requirement is unfair because previous generations of advocates, including the Chief Justice himself, were admitted without undergoing the same process is as silly as it is vacuous.
Nothing in life is constant Ms Motoena. You cannot possibly go to court to ask for a defective system to stay in place in a rapidly changing world. If you were diligent at law school, you would know that the law itself and the rules that underpin it are never constant. They are dynamic and they change as societal circumstances change.
If we follow your moronic logic that CJ Sakoane should not introduce new rules for bar tests because he himself and his peers never sat for the same exams themselves, then it means legal rules should never change. They should stay the same because those who will be affected by the new rules would have been “discriminated” against. For example, the death penalty should never be abolished because doing so will amount to discriminating against those hanged before the abolishment. There could never be more warped reasoning at a time when the world is moving away from capital punishment.
Laws and professional standards evolve, and historical inconsistencies should not prevent necessary improvements. The argument that prior admissions should be revoked is legally impractical and would only serve to disrupt the judicial system rather than enhance it.
Requiring lawyers to do articles (for those wanting to practice as attorneys) and pupillages (for aspirant advocates) under experienced lawyers before they are unleashed into courts and into the public aligns with international best practices. It ensures that only qualified and competent individuals represent clients in our courts.
For years, Lesotho has faced concerns regarding the quality of legal practitioners, particularly those who enter the profession without sufficient practical training. While a Bachelor of Laws degree provides foundational legal knowledge, it does not necessarily equip graduates with the practical skills required to navigate the complexities of legal practice. The Bar Examination is a critical step in bridging this gap, ensuring that those admitted as advocates possess the necessary advocacy, procedural, and ethical competencies.
In many jurisdictions, including South Africa, the United Kingdom, and the United States, bar examinations are standard prerequisites for admission to legal practice. These exams serve as quality control mechanisms, safeguarding clients and the justice system from incompetence and professional negligence. The absence of such a requirement in Lesotho has long been an anomaly rather than the norm. Justice Sakoane’s move to clarify and enforce Section 6(1)(c)(iii) of the Legal Practitioners Act, 1983, rectifies this oversight and brings Lesotho’s legal profession in line with global standards.
Justice Sakoane’s decision is not about exclusion—it is about ensuring that those who enter the legal profession are adequately prepared for the responsibilities they will bear. Legal practitioners hold immense power over people’s lives, and it is imperative that they meet the highest standards of competence and ethics. The Bar Practical Examination requirement is a step in the right direction, and its implementation should be accompanied by institutional support to make it fair and effective.
Rather than resisting change, the legal fraternity should embrace this opportunity to enhance the credibility and effectiveness of the profession. Upholding high standards benefits not just individual lawyers but also the justice system and the broader society it serves. Lesotho must prioritize legal excellence, and enforcing Bar Examinations for all aspiring advocates is a crucial part of this effort.
Of course, Ms Moteana is right to excoriate the Law Society for not assisting young lawyers to get pupillages. That is a bad situation that needs to be remedied and not used to keep a bad system in place.